The Government approves a law decree that allows machinery drivers to stop a train in the face of a serious risk

The Council of Ministers has approved on Tuesday a real decree-law of urgent measures to reinforce railway safety and the protection of its professionals, according to a statement from the Ministry of Transportation collected by EFE. According to the ministry, the norm wants to respond to trade union claims after the accident of Urda (Toledo), in which 69 people died, and after the strike called by the machinery.

The decree incorporates in the Railway Sector Law the principles of the so-called “just culture”: staff with security functions may communicate risks through internal channels or confidential public systems, and there will be no sanction when the information is communicated before, ceases the conduct and there is collaboration with the investigation. It also recognises the right to take "necessary and proportionate" measures in the face of a serious and imminent risk, including interrupting the running of a train or not initiating it, with the obligation to communicate it, and protects against retaliation except dolo, bad faith or serious negligence, according to EFE.

The norm obliges railway entities to facilitate access to their facilities, trains and equipment to the State Railway Safety Agency (AESF) when an inspection requires it, even if it belongs to another company. In addition, it specifies what counts as driving time (for example, any break less than 45 minutes between two periods of driving of the same driver) and extends the reducing coefficients of the retirement age to the staff of companies operating on interoperable lines or in the General Interest Railway Network, according to the ministry cited by EFE and CLM24.

The Government also approved a royal decree that creates the Collective Transport Accident Victims Ombudsman, with the rank of Deputy Secretary, to coordinate psychological, social and legal attention to victims and their families in state-competent accidents, according to CLM24. It remains to be known the publication of both rules in the BOE, the appointment of the defender and the assessment of Semaf, whichins today’s strike and Thursday’s partial stops.